Recovery

Post Judgement Recovery

Need help locating your judgment debtor and collect your judgment?  We know it is easier to be awarded a money judgment then it is to collect the judgment. We use cutting edge technologies and investigative tools and databases, many of which are only available to banks, investigators and law  enforcement. Which enable us to quickly and efficiently locate debtors and debtor assets, so our legal team can then proceed against those assets to collect your judgment.

Popular judgment recovery methods:

• Bank Account Levy
• Safe Deposit Box Levy
• Motor Vehicle Levies
• Wage Garnishment
• Post-Judgment Discovery
• Post-Judgment Receiver
• Sale of Property
• Till Tap Levy
• Keeper Levy
• Property Lien

Each state has its own rules about the specific Judgment remedies available to a creditor. Some of those remedies are Bank Garnishments, Wage Garnishments, Asset Attachments, Sheriff’s Auctions, Debtor’s Examinations, and Judgment Liens. More are available in some states, and less in others. For example, if a Judgment has been secured in the state of California, a “Keeper” can be installed. In certain high profile situations, it is very effective to have a “Keeper” behind the retail store counter taking in money before it reaches the cash register.

Bank Account Levy / Safe Deposit Box

A defendant’s bank account may be levied. Instructions to the sheriff must include the name of the bank and the address. It is important that the name on the account be exactly the same as on the name on the writ. Though not necessary, the account number will assist the bank in locating the account. The defendant may file a Claim of Exemption for return of monies.

A vehicle registered to and in the possession of the defendant may be levied on and sold at auction by the sheriff. Your instructions must state the make, year and license plate number of the vehicle and the address where it can be found.

The legal owner may make a claim in which case it must be paid off by you before the vehicle can be sold. If the vehicle is the only one registered to the defendant he receives an automatic exemption of $2,550.00. This means that the bidding at the auction starts at $2,550.00. If this minimum bid is not received, the vehicle is returned to the defendant.

Wage Garnishment

An Earnings Withholding Order requires an employer to send to the Sheriff about 25% of the defendant’s net earnings every payday. The employer has 15 days after being served to send an answer to the Sheriff’s Dept. regarding the defendant’s employment/pay status.

A copy of this answer will be sent to you. The defendant is entitled to file a Claim of Exemption for return of withheld monies and relief from the order if they are poor. You may then apply for a hearing to oppose the exemption.

Order for Examination

If you are unaware of the defendant’s assets or the location of these assets you may return to the court and request an Order for Examination. This order, after being served on the defendant by the sheriff, requires the defendant to appear in court so that you can ask the debtor about their assets.

If s/he does not appear, you may pay a fee and request a warrant for his or her arrest. Your instructions for service must contain the defendant’s address and your signature.

Till Tap Levy

If the defendant owns or is in a business that maintains a “cash till” on the premises, you may instruct the sheriff to execute a “Till Tap Levy”. Monies from the till are removed and paid to you. The sheriff’s instructions must give the name and address of the business.

Keeper Levy

If the defendant owns or is a business you may instruct the sheriff to execute a “Keeper Levy”. Upon installation of the keeper, the business and all assets are under control of the sheriff, as well as any money. The name on the writ must be the defendant’s and s/he must own the business.

Your instructions must give the name of the defendant, the name of the business and the address. There could be a backlog of 6 weeks or more. This backlog is based on the availability of the sheriff.